Fintech e criptovalute: processi di regolamentazione europea e questioni applicative
DI MARCO MIGALDI
ABSTRACT – The technological revolution is experiencing an unstoppable
rise, powerfully inserting itself into all current economic, legal and social
dynamics, proposing models, products and alternative solutions to the
traditional ones; conversely, its regulation appears to be very late. The
purpose of this paper is to analyse the disruptive impact of Fintech and
cryptocurrencies on traditional financial intermediaries and to reconstruct
the European regulatory processes. In this regard, the focus was on the
regulation of the United Kingdom, as the Fintech leader in the world and
which is currently exposed to a series of uncertainties and opportunities
following Brexit. The need for a new and organic regulation on this matter
is accentuated with regard to cryptocurrencies, which certainly represent
the most disruptive product of the technological revolution. Therefore,
questions were raised about the legal qualification of cryptocurrencies and
the issues relating to their contribution to the share capital of limited
companies were investigated following the recent jurisprudential
decisions in Italy. The goal was to identify interpretative solutions of
“openness” to these new technological financial instruments.
KEYWORDS – Fintech, Cryptocurrencies, European regulation, Brexit,
Company law, Share capital contribution